9911796707
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Issues Involved:
1. Determination of the correct "wholesale cash price" for duty assessment under Section 4 of the Central Excises and Salt Act, 1944. 2. Validity of the assessments as provisional or final. 3. Applicability of the limitation period for recovery of short-levied duties under Rule 10 and Rule 10A of the Central Excise Rules, 1944. Issue-Wise Detailed Analysis: 1. Determination of the Correct "Wholesale Cash Price": The respondents, manufacturers of rubber and canvas goods, sold their entire product to a partnership firm, Messrs. Santlal Bansidhar, which in turn sold the goods to other wholesalers. The appellants argued that Santlal Bansidhar were the sole selling agents or distributors, and thus, the sale to them could not be considered a sale in the wholesale market. Instead, the price at which Santlal Bansidhar sold to other wholesalers should be considered the "wholesale cash price." The respondents contended that Santlal Bansidhar were independent dealers, and the sales to them represented the wholesale market price. The court noted the close relationship between the respondents and Santlal Bansidhar, which raised suspicion. However, it emphasized that suspicion is not proof. The court concluded that determining the correct wholesale price involved disputed facts that could not be resolved in writ jurisdiction and required evidence. The court found that the learned Judge's conclusion that the business premises of Santlal Bansidhar were not the nearest wholesale market was incorrect, given the respondents' express admission. 2. Validity of the Assessments as Provisional or Final: The respondents argued that the assessments were provisional, as they were based on consolidated price lists approved by the Central Excise authorities to facilitate rapid removal of goods. The court examined Rule 10B, which governs provisional assessments, and noted that the assessments prior to May 22, 1958, did not meet the pre-conditions for provisional assessments and were therefore final assessments. The court agreed with the learned Judge's illustrative example that the assessments prior to May 22, 1958, were not provisional. 3. Applicability of the Limitation Period for Recovery of Short-Levied Duties: The court analyzed Rule 10 and Rule 10A, which govern the recovery of short-levied duties. Rule 10 provides a three-month limitation period for recovering duties short-levied due to inadvertence, error, collusion, or misstatement. Rule 10A applies when there is no specific provision for the collection of any duty or deficiency in duty. The court found that the assessments prior to May 22, 1958, were final assessments, and thus, the three-month limitation period under Rule 10 applied. Consequently, a portion of the claim was barred by limitation. Conclusion: The court concluded that the appeal succeeded in part. The portion of the order related to the claim not barred by limitation was set aside, and the application was dismissed in respect thereof. The finding of the court below regarding the barred portion was upheld, and the appeal was dismissed in that respect. There was no order as to costs.
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